Terms and conditions

Vodafone Cover Me phone insurance (before July 2011)

ACE European Group Limited (‘the insurer’, ‘ACE’) will at its discretion and in return for your continued payment of the monthly premium, reimburse you and/or Vodafone Limited (‘Vodafone’) for the cost of repair or replacement of your mobile to an equivalent specification, which may be by way of a refurbished mobile where your mobile has been damaged, lost or stolen during the period of insurance subject to the following definitions, exclusions and conditions. The insurer shall only be liable to pay one claim in any calendar month. Cover will only apply in respect of a mobile registered with the Vodafone network.

Where and when

Your mobile is covered all the time it’s with you in the UK, or if you’ve taken it temporarily out of the country, it will be covered for 30 consecutive days.

Which words mean what

a. When we use the word mobile we mean any voice mobile telephone net book, notebook or tablet data communication device or USB Modem that has been supplied to you or authorised by Vodafone,. This will also include any accessory that fits with your equipment that has been supplied by Vodafone, but does not include any vehicle installation materials, fixed installation material, software and content downloads.

b. You means you, as long as you’re over 18 years old, and any person who has been authorised by you to use the equipment.

c. Unattended means when you leave the mobile in a public place whether it is in a bag/purse or otherwise and you were unable to prevent the loss, theft or damage happening.

d. Public places include libraries, parks, restaurants, shops, public houses, nightclubs and similar places open to the public including private clubs, sports clubs and gyms.

e. Period of insurance refers to one calendar month with a minimum initial duration of three months. Your policy will automatically renew on a monthly basis for up to a total of fifty-nine (59) months provided you pay the required premium or unless the policy is cancelled within the terms of “Our conditions” below, under clause h.

Things that aren’t covered

b. The first amount of every successful claim according to the following criteria:

Mobile band

Excess amount

Band 1

£15

Band 2

£25

Band 3

£50

Band 4

£50

c. (i) Loss or theft of, or damage to, any accessory unless the mobile or data communication device is lost, stolen or damaged as part of the same event;

(ii) Loss or theft, or damage as a result of an attempted theft, of your mobile from any vehicle or premises left unlocked unless the equipment is out of sight and evidence of forcible and violent entry to the vehicle or premises is provided or unless you are in the vehicle or premises;

(iii) Loss or theft of your mobile when left unattended in a place to which the public has access at the time of the incident;

(iv) Theft or damage as a result of an attempted theft or malicious damage not reported to the Police within 48 hours of discovery;

(v) Loss of your mobile when left unattended in a known location;

(vi) Loss, damage or theft if you haven’t told the Administrator within 7 days after discovery;

(vii) Loss, damage or theft through leaving the Equipment on the roof, bonnet, boot or any exterior part of a vehicle;

d. The cost of:

(i) Cosmetic damage including repairs to interior or exterior paintwork caused by scratching or chipping of paintwork or polished surfaces;

(ii) Any costs or charges for which the manufacturer, supplier or distributor are liable in accordance with their standard contractual obligations.

e. Loss or damage caused by wear and tear, depreciation, insects, vermin, fungus or atmospheric or climatic conditions gradually operating cause, any process of cleaning, repair, alteration, restoration, delay, confiscation or detention by order of any government public or Police authority;

f. For loss of use or reconnection costs or subscription fees of any kind, any expense incurred as a result of not being able to use the mobile, or any loss other than the repair or replacement costs of the mobile.

g. Any loss, theft or damage caused by a willful act or negligence by you

h. Loss or damage directly or indirectly caused by:

(i) War, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, or military or usurped power, nationalisation, confiscation, requisition, seizure or destruction by the government or any public authority;

(ii) Ionising radiations or contamination by the radioactivity from any nuclear waste from the combustion of nuclear fuel or the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

(iii) Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;

(iv) Terrorism, regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this exclusion, terrorism means any act including but not limited to the use of force or violence or the threat thereof of any person or group of persons whether acting alone or on behalf of or in connection with any organisation or government committed for political, religious, ideological or similar purposes including the intention to influence any government or to put the public or any section of the public in fear.

j. Loss or damage directly or indirectly caused:

(i) By your mobile failing to correctly recognise data representing a date in such a way it does not work properly or at all;

(ii) By a virus. For the purpose of this exclusion, ‘virus’ includes trojan horses, worms, logic bombs or any program or software which prevents your mobile’s operating system software or content download working properly or at all.

Our conditions

a. Indemnity

The insurer may choose to either repair or replace your mobile (which may be by way of a refurbished mobile), and accessories with a Vodafone retail value of up to £200 or the cost to the insurer of providing you with a mobile of an equivalent specification, as close as possible, in the opinion of the insurer.

b. Reasonable precautions

You shall take all reasonable precautions to protect your mobile and shall keep it in a proper state of repair.

c. Liability

It is a condition precedent to liability of the insurer that to pay a claim under this policy your mobile is equipped with your Vodafone authorised SIM and is connected to the Vodafone network at the time of the incident or event giving rise to such claim;

d. Not telling the truth

(i) If you ( or anyone acting for you) make a claim under this policy knowing the claim to be false or fraudulently exaggerated in any respect or make a statement in support of a claim knowing the statement to be false in any respect or submit a document in support of a claim knowing the document to be forged or false in any respect or make a claim in respect of any theft, loss or damage caused by your wilful act or with the intent to defraud the insurer, Then your claim will be declined and your policy will be cancelled without notice with no refund of premium.

(ii) The Insurer may be entitled to recover from you the cost of any claim already paid under this policy (if necessary the cost may be recovered through the instigation of court proceedings). We may also be entitled to recover from you the cost of any investigation into a fraudulent claim under this policy (if necessary the cost may be recovered through the instigation of court proceedings) and

(iii) The Insurer may inform the Police, Government or regulatory bodies of the circumstances.

Details of fraudulent claims will be put on a register of claims through which insurers share information to prevent fraudulent claims. A list of participants names and addresses are available on request.

e. Making a claim

As soon as you discover any incident that you need to claim for under this policy you must:

(i) In the case of Loss or theft or damage as a result of attempted theft or malicious damage, notify the Police (or if you are abroad, the local equivalent of the Police) within 48 hours of the discovery of the theft or damage and obtain a crime reference number or a Police report where available.

(ii) In the event of any claim under this policy: notify the administrator as soon as possible but not later than 7 days after the discovery of the theft, loss or damage. You can do this by calling the Administrator on 0333 304 3346.

(iii) It is a condition precedent to liability of the insurer that when any event occurs which gives rise to a claim under this policy the mobile must be repaired or replaced by the insurer or an authorised repairer nominated by the insurer. If you don’t do this, any liability of the insurer that would have arisen as a result of such loss shall be forfeited.

(iv)When you report the theft of a mobile to Vodafone the insurer shall be entitled to request Vodafone to blacklist the phone.

f. Where you live

You must be permanently resident in the United Kingdom at the start of this policy and at all times during the Period of Insurance.

g. Letting us know if you change your mobile

If you change your mobile you must tell Vodafone. You can contact Vodafone on 191 from a Vodafone mobile or 03333 040191* from any other phone. The insurer will not be liable for the cost of repairing or replacing any mobile not registered with Vodafone under this policy.

h. Cancelling your policy

You have a right to cancel this policy, which extends for 14 days from the later of:

(i) The day you are informed that the policy has commenced and;

(ii) The day on which you receive the full terms and conditions of the policy. On receipt of the notice you will receive a refund of any premiums already paid unless the insurer has already been notified of a claim. You need to contact Vodafone on 191 from a Vodafone mobile or 03333 040191* from any other phone or write to Vodafone Limited PO Box 549 Newbury Berkshire RG14 2DQ.

After the initial 14 days, you or the insurer may cancel this policy by giving 30 days notice to each other. The insurer won’t refund the premium for the period the policy was valid prior to such a cancellation including any minimum initial duration.

i. What to do if you’re not happy with us

ACE is dedicated to providing you with a high quality service, and wants to maintain this at all times. If you feel that ACE has not offered you a first class service or you wish to make an enquiry regarding this insurance, please contact Lifestyle Services Group Limited (LSG) who is the Administrator of the scheme on 0333 304 3346 or write to them at: Lifestyle Services Group Limited, PO Box 395, Crewe, CW1 6WT. The Administrator will try to resolve your concerns within 24 hours. If this is not possible they will acknowledge your complaint within 5 working days of receipt and provide a response within 4 weeks. If you are still not satisfied, please contact ACE directly by writing to: Vodafone Cover Me Coordinator, ACE European Group Ltd, 100 Leadenhall Street, London, EC3A 3BP. ACE is a member of the Financial Ombudsman Service (FOS) who can be approached for assistance should you remain dissatisfied. You will need to contact the FOS within six months of you reporting your complaint to the Administrator. The FOS’s contact details are South Quay, 183 Marsh Wall, London, E14 9SR. Tel. 0300 123 9 123 e-mail: enquiries@financial-ombudsman.org.uk

j. Demands and needs

This insurance policy meets the demands and needs of an individual who wishes to purchase protection against the risks of Theft, Loss and Damage to Equipment purchased from Vodafone.

k. Your insurer

This insurance is underwritten by ACE whose main business is general insurance. ACE is registered in England, No 1112892, 100 Leadenhall St, London, EC3A 3BP; FSA registration FRN202803. It has appointed Vodafone as administration agents, and both may use the resources of and assign obligations to other companies. Any claim under your policy will be administered by LSG who is authorised and regulated by the Financial Services Authority. Full details can be found on the FSA’s Register by visiting www.fsa.gov.uk/register or Tel: 0845 606 1234*

l. Details of compensation schemes

ACE is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme in the unlikely event that ACE cannot meet its obligations. The FSCS will meet the 90% of your claim in full without any upper limit. Further details can be obtained from www.fscs.org.uk. Their contact details are: Financial Services Compensation Scheme, 7th Floor Lloyd’s Chambers, Portsoken Street, London, E1 8BN. Tel 020 7892 7300.

m. Your rights

Your rights as a customer to take legal action remain unaffected by the existence or use of any complaints procedures referred to above.

n. Keeping your personal data personal

We will use the information supplied during the formation and performance of this policy for Policy administration, customer services, paying claims and fraud prevention. All personal information supplied by you will be treated in confidence by Vodafone Limited and its subsidiary companies and ACE European Group Limited, the Administrator and their agents, subcontractors and suppliers. It will not be disclosed to any third parties except where your consent has been received, where permitted by law or to assist in the prevention and detection of fraud. Individuals whose information has been supplied to ACE and or Vodafone have a right to ask for a copy of that information and to have any inaccuracies corrected. We may record telephone calls to make sure we follow instructions correctly and for staff training purposes.

o. What laws apply

This policy is to be governed by English law. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute that may arise in connection with this policy. ACE considers that English law also is the basis for the establishment of relations with you before the conclusion of the contract.

A.J. Kendrick

Chairman and Chief Executive Officer

ACE European Group Limited

* Vodafone standard call charges apply to calls from a Vodafone mobile to 0870 or 0845 numbers. For call charge information please see www.vodafone.co.uk. Charges from networks may vary